Do Mobile apps need to comply to the EU Cookie Law? [closed]

Question

I've had an interesting question from a client regarding the EU cookie law and how it affects their mobile apps.

As you may well know, the Cookie Law requires websites to let users know that the site uses cookies, and tells them how to disable these.

What is the standing with Android/IOS apps? I don't specifically store cookies, but I do store the users login details to automatically check for access on the app startup.

Is this affected by the law? Do I need to add a popup when the app starts to warn users?

What about webviews in the apps?

Basically, I can't find any clarification on the subject, and I can't say I've seen an app which does tell users about storing data.

Wildawildcat

If the cookie is essential for the functioning of the app (ie. it does not work without the cookie) then it is not covered by the EU Cookie law (as far as I'm aware). Also, since it is App and not a webpage then I don't imagine it is covered by the same law. Apps should have some sort of privacy policy though that lets users know what you do with their data. It is then their choice whether they accept or reject use of the App. – Nonparticipation

This site has a couple of nice articles on the Cookie Law. Apps and Smartphones are included, any device which stores cookies to track users are covered. computerweekly.com/news/2240035668/… – Placeeda

It is not correct to use. Because: Policies should not be written in a way that adversely affects use. Confidentiality is valuable, but you can't harm other things in doing so. For example usage. – Alburnum

It is ugly to get cookie permission from user for site or app. A screen that blocks its use when the app is opened is ugly. Also some users disapprove the application cookie and this is bad for the application. These are my personal opinions because when I go to a website and see a full page cookie, I close it. Sorry. I can't tolerate this. – Alburnum

So what do I suggest? It is now best for everyone to remove the cookies from the website. Because everyone knows that data is collected on every site. Alternatively, privacy on websites can be accessed via a small button at the bottom of the screen. If necessary, you can scroll to the bottom of the site and read the privacy lines (ie attachments that require it). Now it pollutes 30 percent of the screen like everyone else :) – Alburnum

For applications, it is sufficient to have a section at the entrance of the store. Those who are curious about what the application collects can examine the privacy section from the menu. Please let's put an end to this nonsense. – Alburnum

Answer 1

Short answer:

No. As a mobile app developer, you need not worry about the Cookie Law.

Long answer:

This is an excerpt from Wired's article (link at the bottom):

The "Cookie Law" stems from a modification to the EU Privacy and Electronic Communications Directive, which took place in November 2009. It aims to safeguard privacy online and protect web users from unwanted marketing. Cookies can be used to build up a profile of where you have been and how you have behaved online. The law aims to make sure that any company seeking to collect information about a web user must ask for their consent first. Prior to this modification, websites had to allow people to opt out of cookies. Now they have to opt in to all "non-essential" cookies. The law was imported into UK law in May 2011, but UK companies were given one year to comply. The deadline for compliance is 26 May, 2012.

In my opinion, considering that a Mobile Application is not a Website or a Webpage, unless mandated by a law, you need not inform the user that you will be storing their login details. You know, as a developer, that information (in a Preferences file. I do not know the iOS equivalent) is pretty much secure. If there is any paranoia about privacy, such an Alert would probably end up stoking it even further. Quite unnecessary in my opinion. Others may or may not differ on it. The ideal thing to do is to display a Privacy Policy when users install and run your app for the first time. Google Play, in the developer console, also has a feature that allows you to provide an a privacy policy URL. These measure, again, in my opinion are good enough.

If you inquisitive about the Cookie Law, read some of these articles:

1. Article on Wired, titled: A simple guide to cookies and how to comply with EU cookie law
2. Definitive guide to the Cookie Law
3. What you need to know about the EU Cookie Law

Athenaathenaeum

That is a good answer, thankyou. So essentially, because apps do not store data in publicly available Cookies, but rather in a secure (unless the device is rooted) preferences file, they are not subject to the same legislation. – Wildawildcat

@JossStuart: That is correct. Since no Cookies are involved, compliance with the Law doesn't come into the picture. – Athenaathenaeum

The Cookie law is all but dead. The website that describes the cookie law no longer warns users about cookies any more. itechpost.com/articles/5087/20130131/… – Operate

Google has just sent emails to Android developers stating they must inform EU users of how their app uses Google services, and will need to comply no later than September 30, 2015. So it appears the law can no longer be ignored. See: google.com/about/company/user-consent-policy.html – Nitid

I received Google's email too and I'm a little bit confused. Don't know if we should inform European users about this – Disembogue

There's any news about it? I use google analytics but I don't receive any email from Google. – Palestra

Some of these comments and this answer in particular are in my opinion incorrect. – Scutter

Well I didn't mean to send that earlier comment just yet: The reasons for Google including both mobile and non mobile usage is that they rightly assume that this disclosure requirement for cookies and similar technologies applies to mobile applications as well: "Please ensure that you comply with this policy as soon as possible, and not later than 30th September 2015. If your site or app does not have a compliant consent mechanism, you should implement one now." However for apps compliance is easier as you can display a link to your privacy policy before starting up. – Scutter